Roofing/ Gutter Real Property Contract

Roofing/ Gutter Real Property Contract

THIS AGREEMENT is made on the …………..day of……….20……., (hereinafter “Effective
Date”) by _______________________________(the Client) and Alpha Roofing (the Company)
for roofing services (the project) on the property located at
______________________________________address (the Real Property). Collectively, both
Client and Company shall be referred to as the "Parties" or individually as the "Party") and
includes that Party’s successors and assigns.
The words “You”, “Your” and “Owner” shall be used to refer to the Client herein

 Definitions
"Real Property Owner," is the person(s) or entity that owns the property that Alpha Roofing is
conducting services for. The real property owner in this agreement is {{CUSTOMER_NAME}}
also known as "Owner."
"Contractor," Alpha Roofing and any of its employees or contractors or subcontractors.
“Real Property Contract," A real property contract is a contract between a real property
contractor and another person to perform a capital improvement to real property. A transaction
must meet the definition of a “capital improvement” to qualify as a real property contract.
“Capital Improvement,” The initial installation or complete replacement of siding, roofing, gutters
or other similar system(s).
"WORKMANSHIP WARRANTY," as identified, is for installation defects as described by
manufactures technical bulletins.
"MANUFACTURER’S WARRANTY," is separate from this agreement. Contractor is responsible
for registering the agreed upon warranty, after full payment is made, and has no further
responsibilities regarding MANUFACTURER’S WARRANTY after registration is completed.

Cancellation Policy
You may cancel this contract at any time, with or without cause, between from the Effective
Date day you enter into the contract until and 3 days after you receiptve of a copy of thise
contract. You do not need a reason to cancel.
Delay in receiving the goods or services herein for a period of 60 days from the agreed upon
date, shall entitle you to terminate this agreement after serving a written notice to that effect.
If you do not receive the goods or services within 60 days of the date stated in the contract. To
cancel, you must give notice of cancellation at the address in this contract. You must give notice
of cancellation by a method that will allow you to prove that you gave notice, including
registered mail or fax.

Payment Terms
YouI understand that payment in full is due upon completion of work. as stated in contract. All
invoices that are outstanding not paid in full after 15 days from the due date will be subject to a
2% interest charge per month. interest charge.

Mechanic’s Lien
You I understand that the Company Alpha Roofing reserves the privilege to file a claim of lien
on real property on the real property for all debts agreed upon under this contract. The claim will
be filled against the real property where the work was completed. N.C. Gen. Stat. § 44A-12(b) ;
N.C. Gen. Stat. § 44A-13(a)

The Company Alpha Roofing retains the privilege to pursue non-payment as a material breach
of this contract. The Company may exercise their rights therein including but not limited to, and
may cance terminating l this contract without notice, and seeking legal relief. and/or seek legal
remedies and pursue legal means to collect on the agreed debt.
Commercial
As per the (North Carolina Prompt Payment Act, )?? 1%) (Private projects of 12 or fewer units
not included)
Payments from the property owner to the prime contractor are not covered by the prompt
payment provisions. Therefore, they will be governed by the terms of the contract between the
parties

Warranty
"MANUFACTURER’S WARRANTY," is separate from this agreement. Companyntractor is
responsible for registering the agreed upon warranty , after full payment is made, and has no
further responsibilities regarding MANUFACTURER’S WARRANTY after registration is
completed.
"WORKMANSHIP WARRANTY," as identified, is for installation defects as described by
manufactures technical bulletins. Roofing workmanship warranties are valid under original
ownership and will not transfer if the real property is sold or transferred.
YouI understand that, unless agreed upon, the workmanship warranty does not apply to
products, some of which may deteriorate more rapidly (ie. sealants, roof flashings) and should
be inspected on a regular basis. Alpha Roofing is not responsible for material shortages and
has the right to cancel this contract at any time because of material shortages.

Any WORKMANSHIP WARRANTY from the Company Alpha Roofing, does not cover any
damage to roofs caused by lightning, gale winds (50 MPH), hurricane, tropical storm, tornado,
hailstorm, named storms, impact of foreign objects or other violent storms or Acts of God. The
Company Alpha Roofing is not responsible for any damage below the roof due to leaks by
excessive wind, ice, or hail during the period of the warranty. The warranty covers the
roof/siding/or gutters only.
The Workmanship Warranty period covers 5 years and only applies to full replacements or full
new installs (complete home) on Roofing, Siding and Gutter projects.
The Workmanship Warranty period for partial roof, gutter and siding installs or repairs is limited
to one year. The Workmanship Warranty on partial projects and repairs only applies to the area
and material worked on and does not cover any damages outside the roof, gutter or siding.
Owner must give written notice of any install defect issues arriving from services completed by
the CompanyAlpha Roofing. Any WORKMANSHIP WARRANTY claim must be issued by a
method that will allow the owner to prove that claim notice was issued, such as Email, text or
US mail.
Workmanship Warranty Claim Process:
(1) notice of the claim within one week of noticing the issue starting. Failure to do so will void
Workmanship Warranty.
(2) Owner will allow the Company Alpha Roofing an opportunity to inspect the defect within 60
days of claim.
(3) The Company Alpha Roofing will have the opportunity to either deny the claim, offer a
settlement and/or repair the defect within 90 days of inspection.
If the real property owner makes any repairs without allowing the Company Alpha Roofing the
chance to inspect , repair, or offer settlement then all financial expenses will be the
responsibility of the Real Property Owner named in this agreement.
EXCEPT AS HEREIN PROVIDED, THE COMPANY DISCLAIMS ANY AND ALL
WARRANTIES, REPRESENTATIONS, OF ANY KIND, EXPRESS OR IMPLIED, TO THE
FULLEST EXTENT PERMITTED BY LAW.

Change Orders:
You I understand that as a homeowner, the Company I may make changes to the scope of the
work from time to time during the term of this Contract. However, any such change or
modification shall only be made by written "Change Order" signed by both parties. Such Change
Orders shall become part of this Contract. You {{CUSTOMER_NAME}} agrees to pay any
increase in the cost of the Roofing work as a result of a Change Order.

YouI understand that if rotten wood is discovered during tear-off, the Company Alpha Roofing
reserves the right to replace sheathing and bill you me up to $400 in addition to the estimated
cost without notifying youme in advance. The Company Alpha Roofing will call me for
authorization if wood replacement will exceed $400.
YouI understand that, if it is discovered during tear off that an additional layer of shingles is
present; Each additional layer after the first layer of existing shingles will have a change order
cost. The cost will be $79.00 per 100 square feet of shingles removed and will be added to the
final bill.
ProvisionsLiability
Any damage to personal items during installation will not be the responsibility of the Company.
The Company is not legally or financially responsible for any damages caused by roofing
materials new and old on the property.
YouI understand that you I must remove items from the interior walls of yourmy home that may
be damaged or fall due to vibrations from the loading/installation of shingles onto yourmy roof,
or installation of siding (if applicable). The CompanyAlpha Roofing is not liable for such
damages. You are Homeowner is responsible for covering the attic floor to protect any personal
property and prevent damage. All pictures, wall hangings, lights, collectables etc., both indoors
& outdoors MUST be secured. by the homeowner. The Company is not responsible for
damages to gas, water lines, HVAC lines within 6" of fascia or roofing deck, or re-installation of
satellite dish
Any damage to personal items during installation will not be the responsibility of Alpha Roofing.
Any harm on vehicles, animals, pets or humans is your liability before, during and after any
services being completed by the Company. The Company Alpha Roofing will also not be
responsible for nail damage to tires, pets, etc. Pets should not be left unattended during
installation. You are responsible for damages and releases the Company from liability caused
by all nails or fasteners from pets, humans or vehicles walking or driving during and after the
Company’s services. This includes, but is not limited to, any medical care visits for animals and
humans; or tires needing to be repaired or replaced on any vehicle.
Alpha Roofing is not responsible for damages to gas, water lines, HVAC lines within 6" of fascia
or roofing deck. Alpha Roofing is not responsible for re-installation of satellite dish.
YouOwner understands that minor stucco, fiber cement or vinyl siding damage may result when
the roof is removed in areas where stucco or siding meets the roof’s surface, especially where
improperly applied. The Company Alpha Roofing is not liable for repairing said damage.
You are responsible for any painting that needs to be completed on any wood repairs completed
by the Company, unless painting has been agreed upon in writing. During repairs and partial
roof replacements the Company is not responsible for the color of shingles not matching.

The Company is not responsible for any pet boarding fees, homeowner living expenses due to
weather delays, extended install times or any other reason at any time. You are responsible for
coordinating approval with the appropriate neighborhood "Home Owners Association", and any
fees from Home Owners Association from not complying with rules of that Home Owners
Association. The Company reserves the right to complete current project and invoice regardless
of Home Owners Association requirements.
Alpha Roofing is not legally or financially responsible for any damages caused by all roofing
materials new and old on the property. Any harm on vehicles, animals, pets or humans is the
liability of the Owner before, during and after any services being completed by Alpha Roofing.
Owner is responsible for damages and releases Alpha Roofing from liability caused by all nails
or fasteners from pets, humans or vehicles walking or driving during and after Alpha Roofing’s
services. This includes, but is not limited to, any medical care visits for animals and humans; or
tires needing to be repaired or replaced on any vehicle.
Owner is responsible for any painting that needs to be completed on any wood repairs
completed by Alpha Roofing, unless painting has been agreed upon in writing.
Alpha Roofing is not responsible for any pet boarding fees, homeowner living expenses due to
weather delays, extended install times or any other reason at any time.
Owner is responsible for coordinating approval with the appropriate neighborhood "Home
Owners Association." Owner is responsible for any fees from Home Owners Association from
not complying with rules of that Home Owners Association. Alpha Roofing reserves the right to
complete current project and invoice regardless of Home Owners Association requirements.
During repairs and partial roof replacements Alpha Roofing is not responsible for the color of
shingles not matching.
Limitation of Liability:  TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY
SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES HOWEVER CAUSED, EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY
NOTWITHSTANDING ANY BREACH OF CONDITION(S) OR FUNDAMENTAL TERM(S) OR
FOR A FUNDAMENTAL BREACH (S). IN ANY CASE, THE CONSULTANT’S ENTIRE
LIABILITY SHALL BE LIMITED TO THE AMOUNT RECEIVED BY THE CLIENT PURSUANT
TO THIS AGREEMENT MINUS EXPENSES PAID TO SUBCONTRACTORS OR TO THIRD
PARTIES.

Dispute Resolution/ Claims Resolution
This Agreement shall be governed by and construed in accordance with the laws of North
Carolina applicable therein. In the event of any dispute, dissatisfaction, or disagreement about
the quality or completeness of the Alpha Roofing services hereunder, {{CUSTOMER_NAME}}
agrees to contact Alpha Roofing about such dispute, dissatisfaction, or disagreement, so that
the parties may work together in good faith to resolve such dispute, dissatisfaction, or
disagreement amicably. {{CUSTOMER_NAME}} and Alpha Roofing expressly waive trial by jury
in any action, proceeding or counterclaim on any matter that is in any way related to this Terms

of Service and agree to resolution of all such disputes in binding arbitration pursuant to the
North Carolina Revised Uniform Arbitration Act, N.C. Gen. Stat. § 1-569.1 et seq.
COSTS The costs of any binding dispute resolution procedures or any legal disputes shall be
the financial responsibility of the party with the initial complaint. Attorneys’ fees and legal fees
are the financial responsibility of the party being represented.
Both parties agree that Arbitration and all legal proceeding shall be initiated and conducted in
the City of Wilmington, North Carolina.
Governing Law
This Contract shall be construed in accordance with the laws of the State of North Carolina.
Sales Tax and Capital Improvements
Sales Tax will be applied to any service provided by the Company Alpha Roofing regarding
REPAIR, MAINTENANCE, AND INSTALLATION SERVICES FOR REAL PROPERTY that is
not considered a Capital Improvement. A real property contract is a contract between a real
property contractor and another person to perform a capital improvement to real property. A
transaction must meet the definition of a “capital improvement” to qualify as a real property
contract.

The initial complete project installation or complete replacement of any Roofing, Siding, and
Gutter, and or other similar system(s). project is considered a Capital Improvement and will be
considered a real property contract. The Real Property Owner is liable for any additional taxes
applicable by federal, state local, transit rates of sales and use tax applicable to fulfill this real
property contract.
Non-assignment
The Client shall not transfer or assign this agreement without the Company’s consent. However,
the Company may transfer or assign this agreement or subcontract its obligations hereunder at
any time without the Client’s consent.

Confidentiality
All non-public, confidential, or proprietary information of a Party (Disclosing Party), whether
disclosed orally or disclosed or accessed in written, electronic or other form or media, and
whether or not marked, designated or otherwise identified as “confidential” in connection with
this Contract is confidential, solely for the use of performing this Contract and may not be
disclosed or copied unless authorized in advance by the Disclosing Party in writing. Upon the
Disclosing Party’s request, the other Party (Recipient Party) shall promptly return all documents
and other confidential materials received from Disclosing Party. Disclosing Party shall be
entitled to injunctive relief for any violation of this Section. This Section does not apply to
information that is: (a) in the public domain; (b) known to Recipient Party at the time of
disclosure, or (c) rightfully obtained by Recipient Party on a non-confidential basis from a third
party.

Force Majeure
For this Agreement, "Force Majeure" means an event which a diligent party could not have
reasonably avoided in the circumstances, which is beyond the control of a party and includes,
but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather
conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other
action by government agencies. A Party’s failure to fulfill its obligations due to Force Majeure
shall not be considered a breach of this Agreement, provided that the Party has taken all
reasonable precautions, due care, reasonable alternative measures, and minimal delay all to
carry out the terms of this Agreement.
Non-availability of materials shall constitute a Force Majeure event and entitle the Company to
terminate this contract immediately without notice.
Drafting Responsibility
Neither party shall be held to a higher standard than the other party in the interpretation or
enforcement of this Contract as a whole or any portion hereof based on drafting responsibility.
Dispute resolution
In the event of any dispute on the quality or completeness of the Company’s services, you
agree to contact the Company on the matter so that the parties may work together in good faith
to resolve such dispute amicably.
The parties expressly waive trial by jury in any action, proceeding or counterclaim on any matter
that is in any way related to this Terms of Service and agree to resolution of all such disputes in
binding arbitration pursuant to the North Carolina Revised Uniform Arbitration Act, N.C. Gen.
Stat. § 1-569.1 et seq. The costs of any binding dispute resolution procedures or any legal
disputes shall be the financial responsibility of the party with the initial complaint. Attorneys’ fees
and legal fees are the financial responsibility of the party being represented. Parties agree that
Arbitration and all legal proceeding shall be initiated and conducted in the City of Wilmington,
North Carolina.
Governing Law
This Agreement shall be governed in all respects by the laws of North Carolina, and its Courts
without regard to its conflict of law provisions.
General provisions
● This Agreement may be amended only by the written consent of the Parties hereto.
● If any provision is held to be invalid or unenforceable, it shall not affect the validity or
enforceability of any other provision.
● This Agreement constitutes the entire agreement between the Parties. It supersedes all
prior oral or written agreements or understandings between the Parties concerning the
subject matter of this Agreement. The parties will exercise utmost good faith in this
Agreement.

● Except where otherwise provided, failure by either Party to enforce any of these terms or
conditions shall not be a waiver of their right to enforce them. No waiver by either Party
of any breach of, or of compliance with, any condition or provision of this Agreement by
the other Party shall be considered a waiver of any other condition or provision or of the
same condition or provision at another time.
● This Agreement may be executed in any number of counterparts, each of which shall be
an original and all of which constitute the same instrument.
● The Article and Section headings in this Agreement are for convenience, and they form
in no part of this Agreement and shall not affect its interpretation.
● Whenever used herein, the singular number shall include the plural, and the plural
number shall include the singular.
● Any references herein to the masculine gender or the masculine form of any noun,
adjective, or possessive shall be construed to include the feminine or neuter gender and
form, and vice versa.
● Any notice required herein shall be in writing and shall be deemed duly given: if
delivered by hand and receipted for by the party addressee, on the date of such receipt,
if mailed by domestic certified or registered mail with postage prepaid, on the third
business day after the date postmarked, or sent by email at the following addresses or
such changed address as the Party shall have specified by written notice, provided that
any notice of change of address shall be effective only upon actual receipt. Any notice
delivered by email shall request a receipt thereof confirmed by email or in writing by the
recipient, and the effective date of such notice shall be the date of receipt, provided such
receipt has been confirmed by the recipient.
Client: ______________________________________________________________________
Company: ___________________________________________________________________
Competent Parties
By signing below, I {{CUSTOMER_NAME}} you certify that you areI am the registered owner of
the subject above project property, or have the legal permission to authorize the Company
Alpha Roofing to perform the work herein as stated and agree to pay any amount owing to the
Company under this contract. the total project price.
Name:
Signature:

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